Your union, the CPSU NSW, met with ARI management on Thursday 24 August for a regular ARI Transition Consultative Committee.

As you may be aware, there are a suite of 11 new ‘interim’ policies which pertain to your employment relationship with ARI.

We had previously requested that these policies be tabled at the TCC for discussion with the CPSU NSW.

We now have a commitment from management that it will engage with the CPSU NSW on the feedback that we provide them.

This bulletin is a call out to all members to please take a few moments to read these policies and send any comments, issues or questions through to your local delegate for their consideration.

There is no specific deadline. However we are told that the new HR manager will be commencing with LPI/ARI in early September and will get things rolling shortly thereafter, so please aim to send your feedback no later than Wednesday 13 September.

The purpose of this initial meeting was to explain our long history of representing LPI staff and our continuing coverage after the transition to ARI under the banner of CPSU NSW (PSA), in the federal industrial relations jurisdiction.

We are pleased to have reached agreement with the new executive on key issues, namely:

The continuation of the existing management/union consultation processes, including consultative committees

Continuation of the existing workplace groups and delegate structures within LPI

Confirmation that ARI will comply with the 2.5 per cent Public Sector pay increase

Obligations of the employer with regard to the Land and Property Information (Authorised Transaction) Act 2016 and the copied state award.

Finally, members should not be concerned about their flex entitlements being terminated after 12 months. The DFSI flexible working hours agreement that is currently in place is linked to the copied state award which covers all LPI staff. This means that so long as that flex agreement remains in place (which we expect that it will), LPI staff will continue to enjoy its benefits until at least the end of the four-year employment guarantee period.

The CPSU NSW/PSA is with you and remains your union for all industrial matters.

The Sydney Morning Herald recently reported taxpayers could potentially pay tens of millions because of LPI F6 bungle. Typically, and disgracefully, Finance Minister Victor Dominello once again rushed to blame the bungle on LPI staff, rather than recognise the real cause: his Government’s privatisation-at-any-cost agenda.

LPI pay rises post-transition

As LPI T&R staff will be aware, your conditions and entitlements found in your current Award will be carried over to the new employer for a period of four years as per the conditions of employment guarantee your union campaigned for as the privatisation bill went through the NSW Parliament.

Quite literally, your state award is copied word for word, and it will exist in the federal sphere.

This copied state award will also include the carry over of your flexible-working-hours entitlements.

However, despite the copied state Award being tied to the state Salaries Award, Treasury has provide LPI advice that any pay rises will be in line with the Fair Work Commission’s annual wage reviews. Whilst the Fair Work Act and related Transitional Act does include a section allowing for the variation of a copied state Award relating to wages, the PSA does not agree that it is automatically linked to the annual wage review. The relevant section of the Transitional Act is:

In an annual wage review, the FWC may make a determination varying terms of a Division 2B State award relating to wages.

However this only allows that the Fair Work Commission may make a determination of this type. In other areas of PSA coverage the PSA has fought for and won an increase of 2.5 per cent to apply when the FWC increased wages by 2.4 per cent.

For your reference, the past three years the FWC annual review has increased wages as such:

3 per cent on 1 July 2014

2.5 per cent on 1 July 2015

2.4 per cent in 1 July 2016

The PSA is seeking further legal advice on this matter, but members can be assured, the PSA will fight for fair and appropriate pay rises, which are at a minimum the 2.5 per cent, which would have automatically applied had the Government not sold off LPI.

The PSA held a members meeting at the Rolleston Room on 19 April with PSA General Secretary Stewart Little in attendance. We discussed some of the concerns from members since the privatisation announcement earlier last month.

It was apparent there was some uncertainty about which union would be covering LPI members into the future.

Please be advised the PSA will continue to cover all LPI staff as they transition.

We are your union and we intend to continue to be your union into the future. We believe we are best placed to continue to represent you given that we negotiated your current salary, conditions and entitlements.

We appreciate this is a difficult and uncertain time for staff and we want you to know your union is here to support you through the transition.

LPI Transitional Consultative Committee

Last week the PSA and your delegates met with management for a Transitional Consultative Committee meeting for clarity on a number of questions:

The separation processes and the transition to Australian Registry Investments (ARI). Management confirmed Deloitte will be taking over from KMPG and the transition phase is set to begin in the coming days.

Management structure. The PSA asked whether the LPI management structure will change post-separation. LPI management advised it is up to the new private entity what it intends to do in relation to the new management structures and there is no specific protection for SOs.

Future pay increases. At a recent staff meeting, members were informed by LPI Chief Financial Officer James Dolton that their salary increases would be in accord with the Fair Work Commission annual increases. We were told they were advised this by NSWIR. The PSA has sought to be provided with this advice. The PSA raised that whilst employees will ultimately be transferring to the federal Fair Work system, the statement may not be correct given the copied state Award is tied to the Salaries Award and therefore for the life of that Award, staff will continue to receive whatever pay rises the PSA negotiates. It is the PSA’s position that members will receive the annual increases negotiated in the Crown Employees (Public Sector) Salaries Award until a replacement Enterprise Agreement has been completely negotiated and agreed upon by the workplace over the course of the next four years. We are seeking further advice on this matter.

WHS committee. There is currently no formal WHS committee, so members do not know who to approach on such issues. We raised this and management have agreed to begin drafting a policy to look at ways to address any WHS concerns. In the meantime, if you have concerns please contact your local delegate.

Paid-time members’ meetings. At the meeting the PSA requested that all future member meetings which involve the transition ought to be on work time. Des Mooney indicated he does not believe existing protocol should change. However, he was willing to receive a formal written request with reasons from the PSA. We are going to follow that up with a formal written request shortly.

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